Final CJS Exam
Parens Patriae
"Father of his country" - legal philosophy that government serves as guardian of everyone who has a disability or that has not reached the age of the majority
5 Goals of Modern Sentencing
- Deterrence - Incapacitation - Retribution/Just Desert -Rehabilitation - Equity/Restitution
Diversion Program Examples
- Drug courts - Domestic Violence Courts - Mental Health Courts
Plea Bargaining Cons
- Encourages defendant to surrender constitutional rights - Prosecutor exerts too much power resulting in the danger of innocent people being convicted of crime - dangerous offenders receive lenient sentences
Pillar 5: Training + Education
- Engage comm. members w/ special expertise in training process - provide leadership training to all personnel throughout careers - mandatory crisis intervention training
Determinate Sentencing
- Fixed term of incarceration - sentencing guidelines implemented by determinate - sentencing states and federal government - sentencing guidelines = set of standards defining parameters for trial judges to follow in their sentencing decisions
Focus of a Detective
- Gather evidence - Record events - Interview witnesses
3 Sentencing Models
- Indeterminate - Determinate - Mandatory
Influential Discretionary Factors
- Legal - Environmental - Departmental - Peer - Situational - Extralegal
Probationary Conditions
- Monetary Penalties (court, costs, fines) - Victim Restitution - Drug Testing (schedule + random) - Employment Requirements (search, maintenance, field visits) - Mandatory Drug/Alcohol/Addiction Treatment (substance abuse treatment)
Grand Jury Issues
- Neither the defense nor the defendant is allowed to attend - Grandy Jury hearings aren't open to the public - Rubber stamp - "can indict a ham sandwich" = it's easy to indict someone
Magna Carta's Importance
- No one can be arrested or exiled w/o reason (due process) - Everyone has the right to a trial by jury - It's a symbol of holding power accountable
Prevention of Police Corruption
- Strong recruitment and hiring - Consistent communication of and enforcement of the Code of Ethics - Ethics training
Adult Court Transfer Conditions
- Waiver Provisions - Direct File Provisions - Statutory Exclusion Provisions
Grand Jury Role
- act as independent investigative body - act as community's conscience in determining whether the accusation of the state justifies the law (if grand jury says probable cause exists, indictment is affirmed, if not, no bill is passed)
Criminal Defense Attorney Role
- advocate for accused - zealously defend their client within the boundaries of the law
Pillar 3: Tech + Social Media
- agencies need to identify, assess, evaluate new tech for adoption to improve effectiveness, efficiency, evolution w/o infringing rights - adopt model policies + best practices for tech-based community engagement that increases community trust and access
Reform Era of Policing
- centralized departments - distant, but present and professional community relationships - goal of policing = control crime (visible police vehicles at peak hours of service) - no longer looked at as community protectors, took less time to get to know citizens
Police subculture
- cynicism - solidarity - conservatism.
Early Era of Policing
- law enforcement = local responsibility - Night Watches guarded communities against fire, crime, disorder - Sheriffs + constables maintained order and provided other services - Southern colonies had slave patrols Western Fronteir: Northern settlers established marshals + police forces - southern settlers had system w/ sheriffs - no formal organized law enforcement in most communities
Broken Windows Theory
- neighborhood disorder creates fear - neighborhoods give out crime promoting signals - police need citizen cooperation 1. theory argues that broken windows, left unattended, would signal that no one cared + lead to more disorder and crime 2. maintaining order by policing law-level offenses can prevent more serious crimes
Broken Windows Theory Problems
- over-policing - creates mistrust and damaged relationship between police and community - Kelling - theory has been misapplied (going in with "the hammer")
Pillar 2: Policy + Oversight
- police policies must reflect community values - collab w/ community members - policies + data made publicly available - clear and comprehensive policies on use of force, mass demonstrations, consent before searches, gender identification, racial profiling, performance measures
Pillar 1: Building Trust + Legitimacy
- ppl more likely to obey law when they believe those enforcing it have legit authority and will act just - guardianship vs. war (we're not at war) - cultural transparency + accountability to build public trust and legitimacy - initiate positive non-enforcement activities
Plea Bargaining Pros
- reduces overall cost of criminal prosecution - improves efficiency of the court - allows defendant to avoid detention and trial - devotes resources of criminal justice system and prosecution to more serious cases
Mandatory Sentencing
- statutory requirement that certain penalty shall be set + carried out in all cases upon conviction for specified offense - limits judge's discretionary power to impose any disposition but that authorized by legislation
Pillar 6: Officer Wellness + Safety
- support + proper implementation of officer wellness + safety as multi-partner effort - shift lengths - analyze data on officer deaths + injuries + near misses - every LE officer should be provided w/ individ. tactical first aid kits + anti-ballistic vests
Indeterminate Sentencing
- tailored to fit individual needs/provides sentencing flexibility - basic purpose is to individualize each sentence in interests of rehabilitating the offender - most widely used type of sentencing in US
Pillar 4: Community Policing + Crime Reduction
- work w/ comm. residents to identify problems and collab on implementing solutions that produce meaningful results for comm. - LE should develop/adopt policies + strategies that reinforce importance of comm. engagement in managing public safety
21st Century Policing pillars of President's Task Force
1. Building Trust + Legitimacy 2. Policy + Oversight 3. Tech + Social Media 4. Community Policing + Crime Reduction 5. Training + Education 6. Officer Wellness + Safety
Sir Robert Peel's principles
1. Prevention of Crime 2. Full respect of citizens 3. Respect for law improves respect for police 4. Cooperation decreases as force increases 5. Impartial enforcement of law 6. Physical force as last resort 7. Police remain citizens 8. Police represent the law 9. Efficiency is measured by absence of crime (learn to explain these...)
Poor Laws
17th century laws in England that bound out vagrants and abandoned children as indentured servants to masters (poorhouses, workhouses, involuntary apprenticeships)
Specialized Courts
A court that focuses on one type of criminal act - drug court a. substance abuse + trafficking b. channel non-violent offenders to treatment - mental health court a. focus on mental health treatment to reduce chances of reoffending - domestic violence court a. focus on offenders w/ goal of reducing recidivism b. reducing amount of domestic related homicides
Kent v. United States (1966)
A juvenile being transferred to adult criminal court is entitled to a hearing, representation by an attorney, access to records being considered by the juvenile court and a statement of reasons for the transfer
Statute of Winchester
A law that attempted to develop a police system of watches and wards, or guard forces, across England
Siege Mentality
A police mind-set that groups people into two categories: us (police) and them (everybody who is not a police officer)
Criminal Justice
A system that helps maintain order in society, including the passage and enforcement of laws to regulate conduct
Corruption
Acting on opportunities created by virtue of one's authority, for personal gain, at the expense of the public one is authorized to serve
Delinquent Offenses
Acts committed by juveniles that if committed by adults could result in criminal prosecution
Status Offenses
Acts that are law violations only for juveniles - running away - truancy - incorrigible
Lex Talionis
An ancient philosophy of justice, which means equal retaliation or "an eye for an eye."
United States Supreme Court Term
Appointed for lifetime term
Constable
Appointment by the local nobleman. Considered the first real police officer.
Burst Stress
Caused by single event (such as a shooting scenario) rather than continual low-grade stressors (such as departmental politics)
August Vollmer
Considered to be the Father of Law Enforcement in the United States
Sir Robert Peel
Considered to be the Father of Modern British Policing
1st Juvenile Court
Cook County, Illinois 1899
Cynicism
Distrust of human nature and motives
Retribution/Just Desert
Essential purpose of criminal process = punish offenders - offenders are punished b/c they deserve to be disciplined for what they've done - the punishment should fit the crime
T or F: Capital Punishment is an example of a diversion program.
False
T or F: Police Officers have zero discretion when enforcing the law.
False
T or F: Stress is a part of life and there are no known ways of combating it.
False - Support at the workplace a. behavioral health services b. peer supporters c. physical fitness programs - family and friends - hobbies, outside activities
T or F: The 5th Amendment of the Bill of Rights bars illegal "searches and seizures."
False - 4th Amendment
T or F: Only a small number of convictions are the result of the plea bargaining process (approximately 30%).
False - 90%
T or F: The first police department in the United States was in New York City.
False - Boston
T or F: Courts of Limited Jurisdiction is a court that focuses on one type of crime.
False - Courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges - Tennessee calls these General Sessions Courts
T or F: Prosecutors do not have discretion in felony cases.
False - Prosecutorial Discretion = Prosecutor decides whether to bring a case to trial or dismiss it outright - charges can be dropped anytime during the process - when cases go forward, only small number go to trial (most are pleaded out)
T or F: When the Appellate Court renders a decision, that decision must be honored by all lower courts and is considered the law of the land.
False - Supreme Court
T or F: The main source of procedural law (rules guiding cj. process; Miranda rights + assurance that no laws made violate freedoms) is the body of the Declaration of Independence and the first ten amendments.
False - body of Bill of Rights (Constitution)
T or F: The Magna Carta is important because it established that no one is above the law, except the king.
False - no one is above the law, period.
Types of Deterrence
General + Specific
Mens Rea
Having a culpable state of mind (Latin for evil mind). concerned with whether or not the criminal act was committed on purpose.
In re Gault (1967)
In a proceeding that might result in commitment to an institution, a juvenile is entitled to reasonable notice of charges, counsel, questioning of witnesses, and protection against self-incrimination
Waiver Provisions
Juvenile court orders case be transferred to adult court after finding evidence that warrants such transfer
Child Savers
Late 19th century reformers in America who developed programs for troubled youths and influenced legislation creating the juvenile justice system (New York House of Refuge, Boston House of Reformation, Children's Aid Society)
The Criminal Justice System Structure
Law Enforcement (Police) The Courts The Correctional System
Use of Force Continuum
Level 1: Officer Presence (Physical appearance + Professional bearing) Level 2: Verbal Commands (Clear and Deliberate) Level 3: Soft Techniques (OC, Come alongs and Wrist locks) Level 4: Hard Techniques (Strikes + Takedowns) Level 5: Use of Deadly Force (Firearms and Strike to vital areas)
United States Supreme Court
Nation's highest appellate body and the court of last resort for all cases tried in the various federal and state courts - 9 members appointed for lifetime terms by President w/ approval from Congress - may choose to hear only cases it deems important, appropriate, and worthy of its attention - Usually rules on cases by majority (5 votes), its rule becomes precedent and must be honored by all lower courts
Plea Bargaining
Non-judicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence.
Code of Ur-Namma
Oldest surviving law code written in Sumerian language that set forth its laws in an "if (crime) - then (punishment)" manner
Common Law
One law that applied consistently throughout the King's lands.
Schall v. Martin (1984)
Preventive pretrial detention is allowable under certain circumstances
Voir Dire
Process where the jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective
In re Winship (1970)
Proof beyond a reasonable doubt, not simply a preponderance of the evidence, is required during the adjudicatory stage for a delinquent offense
Direct File Provisions
Prosecutor makes decision to file charges in adult court rather than initially filing in juvenile court
Equity/Restitution
Reimburse society for losses their crimes have caused - restitution to both the victim and the state
Challenge for Cause
Request to remove a potential juror due to bias, prior knowledge of the case, or reasons that demonstrate the person's inability to render a fair and impartial judgement
Predisposition Report
Similar to a presentence investigation. Provided to juvenile court for deciding disposition
Disposition
Similar to a sentencing
Actus Reus
Some act or conduct that is prohibited - the "thing" you are not allowed to do under criminal law (evil act)
Fruits of the Poisonous Tree
Source of the evidence or the evidence itself is tainted, then anything gained from it is tainted as well - Any evidence gathered from just about any kind of police conduct that violates a defendant's constitutional rights
Statutory Exclusion Provisions
State law requires adult criminal court jurisdiction
Courts of General Jurisdiction
State or federal courts that have jurisdiction over felony offenses and more serious civil cases
Forensic Science
The application of scientific principles to cases progressing through the legal system
Peremptory Challenge
The dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons
Isolationism
The effect of exclusion from mainstream society as a result of being a police officer (awareness of danger and position as authority figure)
Adjudication
The equivalent of a finding of guilty of an offense
Intake in Juvenile Court
The first stage in the Juvenile justice process - A court appointed officer reviews the case and recommends a course of action a). dismissal b). Informal Disposition (restitution, deferral) c). Formal Disposition (File petition for adjudicatory hearing) d). Transfer to adult court
Homeland Security
The identification of, and response to, threats to national security with a particular emphasis on terrorism.
Police Subculture
The meanings, values, and behavior patterns that are unique to police officers
Racial Profiling
The practice of police targeting minority groups because of the belief they are more likely to be engaged in criminal activity
Adjudicatory Hearing
The process of juvenile court hearing the case to determine if evidence supports the allegations
Adversarial Procedure
The process of publicly pitting the prosecution and the defense against one another in pursuit of truth
Recidivism
The repetition of criminal behavior
Criminology
The study of why persons commit crimes
Victimology
The study of why persons or entities (e.g., businesses, organizations) become victims of crime.
Conflict Theory
Those who maintain social power use it to further their own interests (economic, social, political forces control human behavior) - Criminal Law and criminal justice systems are vehicles for controlling poor members of society - The system protects the upper class at the expense of the lower class
Breed v. Jones (1975)
Transfer to adult criminal court after juvenile court adjudication constitutes double jeopardy - juvenile adjudication is equivalent to criminal court conviction
McKeiver v. Pennsylvania (1971)
Trial by jury is not a constitutional requirement for juvenile adjudication. - concern that the informal atmosphere of juvenile court would be disrupted by the adversarial dynamics of a jury trial
T or F: A defendant surrenders their constitutional rights when they enter a guilty plea.
True
T or F: Appellate Court reviews the procedure of previous trials and determines if an error was made.
True
T or F: Augustine Vollmer believed all police officers should have a college education.
True
T or F: Mandatory sentences require that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense.
True
T or F: Probation is the conditional release of a convicted offender back into their community while remaining under supervision of the courts.
True
T or F: Stop and Frisk was the outcome of the case of Terry vs. Ohio.
True
T or F: The Use of Force Continuum includes broad categories of force, in identifiable escalating/deescalating stages of intensity, in response to a subject's action.
True
T or F: The most widely used type of sentence in the United States is Indeterminate Sentences.
True
Diversion Program
an intervention into the court process prior to conviction of defendant - normally conditional on successful performance of a rehabilitative program - its goal is to reduce recidivism through rehabilitation
Crime
any behavior that the government chooses to define as such, by passing a law against it.
Stress
any situation (event or state of mind) requiring a person to adjust in some manner, the body's nonspecific response to any demand placed on it
Distress
any type of negative or unpleasant stress
Natural Law as the will of God
b/c of St. Thomas Aquinas + St. Augustine
Establishment of Use of Deadly Force
came from Tennessee vs. Garner case
Probation
conditional release of convicted offender back into their community while remaining under supervision of courts through probation department - most utilized form of criminal punishment in comparison to jail, prison, or parole
Authoritarianism
conspicuous (obvious/visible) exercise of legal powers
Community Era of Policing
crime control + community service blend - collab w/ local comm. for safer neighborhood - decentralization (special units of comm. police officers) - rebuilt comm. relationships (trust + cooperation)
Justification Defenses
defendant admits to committing actus reus, but asserts that they did so under circumstances never intended to be w/in reach of criminal law ex. consent, self-defense, duress, necessity - did bad for right reasons + reasonable person would've done same thing
Excuse Defenses
defendant admits to committing actus reus, but asserts that they did so under circumstances that mitigate or excuse criminal liability ex. insanity, intoxication, age
Situational Discretionary Factors
demeanor of person the officer is dealing w/ can influence decisions
Peer Discretionary Factors
fellow officers can dictate acceptable responses, especially those who are experienced and influential
Choice Theory
free will to commit crime or not - balance risk vs. reward- avoid antisocial acts b/c fear of punishments or of being apprehended - deterrent to crime = punishments threatened by laws
Extralegal Discretionary Factors
how race, class, and gender might play a role in decision making
Political Era of Policing
law enforcement was to provide social service to community - decentralized + intimate relationship w/ community (businesses + citizens) - foot/bicycle patrols
Uniform Crime Report (UCR)
official source of crime data in the United States and is compiled by the Federal Bureau of Investigation (FBI).
General Deterrence
people will be too afraid to break the law if they believe they'll get caught and be punished severely
Incapacitation
policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society - criminal can't commit a crime while they're locked up
Use of Deadly Force Criteria
prevent escape of fleeing suspect only if officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others
Deviance
refers to any behavior that runs counter to society's expectations, beliefs, standards, or values.
Environmental Discretionary Factors
related to officer's living and working environment
Legal Discretionary Factors
related to severity of offense, strength of evidence
Social Structure Theory
status controls behavior - lower = more likely to commit crime - higher enjoys advantages = less likely to commit crime
Rehabilitation
strategy of applying proper treatment so an offender will present no further threat to society- make sure ppl don't come back to jail
Eustress
stress that results from positive events such as starting a new job, having a baby, or getting married.
Emergency Management
study of how to prepare for, respond to, and recover from disaster or crisis situations
Conservatism
supportive of the status quo, particularly regarding society's laws and customs
Specific Deterrence
to convince offenders that the pains of punishment are greater than the benefits of crime - the experience of suffering punishment should inhibit future law violations (they have already committed a crime, and should be deterred from committing further crimes)
Solidarity
union or fellowship arising from common responsibilities and interests, as between members of a group or between classes, people, etc.
Discretion
use of personal decision making and choice in carrying out operations in the criminal justice system (can involve selective enforcement of the law)
Departmental Discretionary Factors
where and how department operates + shapes police practices
